Domestic Violence

Manhattan Domestic Violence Attorney

Providing Dedicated Legal Services to Clients in Unfortunate Domestic Violence Cases Across New York City

Any family that has dealt with domestic violence issues is in a fragile state. Courts always consider a criminal record when determining custody and visitation arrangements, and whether the accused parent’s rights to their children may be in jeopardy. When you need a lawyer with experience handling family law cases involving domestic violence in NYC, the Law Office of Julio E. Portilla, P.C., will stand by you and fight on your behalf.

Our law firm has extensive experience representing clients in various legal matters, including family law, criminal defense, and more. Whether you are a victim of domestic violence or have been falsely accused, we strongly suggest that you reach out to our full-service law firm to speak with an experienced lawyer about the benefits of retaining legal representation.

A NYC domestic violence lawyer can provide valuable legal assistance to victims and the falsely accused in domestic violence cases. Whether your rights are at risk due to the false allegations of the alleged victim, or you are the victim of assault or abuse and are having a hard time getting anyone to believe you, know that we are here to provide our legal services. NYC domestic violence attorneys can assist you both in criminal court and family court in pursuit of justice and a satisfactory outcome to your case.

Call us today at 917-924-9790 so that our compassionate domestic violence lawyer in Manhattan can give you the defense you need.

How is Domestic Violence Defined Under New York Law?

Many people assume that domestic violence is only physical. In reality, there are several different types of domestic violence, ranging from verbal, emotional, and mental abuse, all of which cause terrible short-term and long-term consequences. Sometimes, what begins as non-physical abuse can result in physical violence, sometimes even leading to murder.

In many cases, women tend to be major victims in domestic cases of abuse; however, men have also been victims both in opposite-sex and same-sex relationships. The crucial thing to remember is that the first step in escaping a domestic violence relationship is that you must recognize the situation for what it truly is – abuse.

A few examples of circumstances that would be considered cases of domestic violence include:

  • You are being abused economically, including being blocked from earning your own income or being forced to ask for an allowance.
  • You are being abused sexually, whether that means you are raped, forced to perform sexual actions when you are unwilling, or are being treated either physically or verbally as a sexual object.
  • You are being intimidated either through physical or verbal violence, and have had your belongings and property stolen, damaged, or destroyed.
  • You are being shut off and isolated from seeing friends and family, or being controlled and manipulated into only seeing certain people, or even one specific person.
  • Your abuser alternatively tries to minimize, justify, or completely deny that abuse has taken place, or even blames you for causing the physical injury to occur.
  • Your partner or family member is threatening you to behave in a certain manner or face the consequences. Such threats could include them warning that they will hurt you, abandon you, or commit suicide if you do not do what they want.
  • Your partner or household member is engaging in emotional violence against you, either by humiliating or embarrassing you, forcing you to have low self-esteem or self-hatred, or attempting to make you feel like you are either guilty or mentally insane.

If you have been the victim of physical harm, emotional abuse, aggravated harassment, sexual assault, or other forms of domestic violence, you must seek professional legal representation to defend your interests. In some domestic violence cases, there is no apparent serious injury, which may make the need for experienced attorneys all the more necessary when navigating the complicated legal system. A qualified attorney will utilize various forms of evidence, including medical records, police reports, and more, to help establish that you have either suffered serious harm or have reasonable fear that harm may befall you at the hands of a household member or someone you have an intimate relationship with.

Are You a Domestic Violence Survivor in Need of Legal Help or Other Resources?

In the vibrant neighborhoods of Manhattan, Queens, and Brooklyn, the issue of domestic violence is a pressing concern that affects many families. Local resources, such as the New York City Human Resources Administration, provide essential support for those facing these challenges. They offer services ranging from emergency shelter to counseling, ensuring victims can access the help they need.

Residents in these areas often face unique pain when dealing with domestic violence. The fast-paced lifestyle of New York City can make it difficult for individuals to seek help, as they may feel isolated or overwhelmed by their circumstances. Additionally, the stigma surrounding domestic violence can prevent victims from reaching out for assistance. It’s crucial to recognize that you are not alone, and there are local organizations ready to support you.

Whether you are in the heart of Manhattan or the diverse communities of Queens and Brooklyn, we are committed to providing compassionate legal support tailored to your specific situation. If you or someone you know is experiencing domestic violence, don’t hesitate to reach out for help. Together, we can work towards a safer and brighter future.

How Do Domestic Violence Charges Affect a Family Law Case?

If someone is accused of domestic violence in the middle of a family law, child custody, or divorce case, a domestic violence charge can affect their case in many ways:

  • The individual could lose custody of a child or have restrictions placed on custody/visitation.
  • The individual may need to move out of the family home.
  • The individual may be prohibited from owning a gun if there is a restraining order.

Whether you are facing domestic violence accusations or are the victim of domestic violence, our attorneys are experienced at representing clients on both ends of the spectrum. We work hard to protect you and advocate for your rights.

Are You Facing False Allegations of Domestic Violence?

If you are facing false accusations of domestic violence, you must seek professional legal counsel from experienced attorneys. Accusations of domestic violence are, unfortunately, common in heated family law court cases, particularly in child custody disputes, contentious divorces, and even bitter breakups. It is possible that the other party may have levied false allegations against you, intending to get even in some way.

Not only does an allegation of domestic violence come with the potential consequence of jail time in New York City, but you will also suffer from a criminal record and be forced to stay away from your home and children once an order of protection has been issued. If found guilty, the convicted defendant may face other consequences, such as loss of professional licenses, negative social stigma, and harsh penalties that affect an individual’s professional life. For example, if proven guilty of domestic violence in New York, it may be especially difficult to find employment in law enforcement, law, education, the military, or medical fields.

Facing domestic violence accusations can be overwhelming. You must understand your legal rights, responsibilities, and potential defense strategies. If accused, know that you have the right to professional legal representation to advocate on your behalf throughout the legal process. Additionally, you are entitled to fair treatment under the law and due process. If you feel threatened or unsafe, you can seek restraining orders to help protect your safety. When you retain the legal services of a qualified lawyer, you can rest assured that any communication with your attorney is confidential. And finally, certain resources may be available, such as counseling or advocacy groups, that can assist you during this difficult period of your life.

Do not attempt to navigate the legal system on your own. Even if you were wrongly accused or were the wrong suspect in a domestic violence crime, if the prosecution’s case finds evidence against you, you may face dire consequences. Contact our law firm to begin developing a strong defense strategy today.

Potential legal defense strategies for those accused of domestic violence charges may include the following:

  • Biased witnesses
  • Insufficient evidence on the part of the prosecution
  • Intentional false accusations
  • Self-defense
  • Wrong suspect or mistaken identity

What Criminal Charges and Statutes Are Commonly Associated with Domestic Violence? 

There is no actual crime codified as domestic violence in New York. However, there are numerous criminal offenses that can be charged as domestic violence.

Misdemeanor and felony charges that can be charged in association with domestic violence include the following:

  • Aggravated harassment, which can include threatening phone calls, texts, and repeated attempts to frighten or harass the other party
  • Any degree of menacing, including menacing in the third degree, which is a crime where a person threatens to hurt another individual with or without a deadly weapon
  • Criminal mischief crimes, such as intentionally damaging or destroying personal belongings
  • Endangering the welfare of a child, such as striking the child or assaulting another person in front of the child
  • First-degree, second-degree, and third-degree assault as defined under New York penal law
  • First-degree strangulation and other crimes of strangulation that are committed by putting an individual’s hands on the throat of another person and cutting off their blood circulation and oxygen
  • Revenge porn crimes, such as the unlawful disclosure of intimate imagery
  • Robbery crimes, including grand larceny
  • Various types of stalking charges
  • And more

If you have been accused of violent felonies or any other type of felony offenses, you must seek the legal representation of an experienced attorney. With our help, we will develop a strong defense strategy that raises reasonable doubt and helps fight the charges against you.

What Does an Order of Protection or Restraining Order Accomplish?

When you are being abused in any form, it can feel absolutely terrifying, as if you are completely on your own. However, there are many resources and protections under the law to help you, along with any of your children or other family members who are being abused as well.

With an order of protection, also known as a “restraining order,” your abuser is prohibited from:

  • Menacing, harassing, or assaulting you with any form of verbal, physical, mental, or emotional violence
  • Coming within a certain distance of you and your family
  • Texting, emailing, calling, or contacting you

One of the most powerful support systems available to you is an order of protection. You can get this from any local court near you. No matter who your abuser is or what their relationship is to you, you can get a temporary order that lasts two weeks, and then have this order extended when you and your attorney make an official case in court.

Schedule a Free Consultation with a Compassionate Manhattan Domestic Violence Lawyer to Discuss Your Case Today

Domestic violence of any kind is not to be taken lightly. Even if it is in its early stages, abuse will only continue to grow until it results in severe injury and trauma to you and your loved ones. You must immediately seek counsel from our empathetic domestic violence attorney in Manhattan before it is too late.

Whether you are the victim or the accused who has been placed under arrest, you need professional legal representation. Victims should not have to navigate the legal process on their own. And the falsely accused should not have to face harsh consequences, such as registering as a sex offender, if they have done nothing wrong.

Contact us now at 917-924-9790 so that the Law Office of Julio E. Portilla, P.C. can protect you from domestic abuse. We offer free case consultations and can discuss your situation via phone or video chat.